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1989 Supreme(Pat) 209

S.N.JHA, N.PANDEY
Mohd. Abbas @ Hassan Abbas – Appellant
Versus
A. G. M. Trust – Respondent


Judgment

N.Pandey, J.

1. All these four appeals were heard together as they arise out of the same judgment and they are being disposed of by this common judgment with the consent of the parties.

2. These four second appeals have been filed at the instance of the defendants, arising out of Title Suit Nos. 127/2 of 1982/84 and Title suit No. 180/3 of 1982/84, filed by the plaintiffs for declaration that Memo No. 694 dated 17-4-1982 issued by Chairman, Bihar State Sunni Waqf Board (hereinafter to be referred as the Board) creating a new Managing Committee, is illegal, without jurisdiction and beyond the rights of the Board The Waqf created by the plaintiff No. 2 was only a conditional one and not waqf in perpetuity. The newly committee has no right or authority to manage or deal with any of the property of the plaintiff No. 1 and plaintiff No. 3 and such Committee has no right to interfere with the management and affairs of the College The plaintiffs had also claimed for permanent injunction, restraining the defendants from convening the meeting and taking control over the properties of trust and college. The suits of the plaintiffs were dismissed before the trial court, but the plaint










































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